Final witnesses called in Marshall trial

Justin Marshall talks with his attorney, Mike Adams, during his trial at the Johnson County Courthouse on Monday, Jan. 28, 2013. Judge Sean McPartland ended the day early so attorneys could work outside the courtroom on Monday.

Last update:

The prosecution and defense in the Justin Marshall first-degree murder trial called their final witnesses on Monday, but Marshall was not one of them.

Thomas Gaul, Marshall's attorney, said that he had explained the potential benefits and pitfalls of testifying to his client and after taking a 10-minute recess, Marshall elected not to take the stand.

After roughly two weeks of state witnesses, the defense called only one witness, Marshall's aunt Stacy Marshall, who testified for about an hour.

Marshall, 22, is accused of gunning down 64-year-old landlord John Versypt on Oct. 8, 2009 in the Broadway Condominiums. Versypt, of Cordova, Ill. was in Iowa City that day to hang a No Smoking sign in the building. Police said he was killed by a single gunshot wound to the head during that has been described as a robbery gone awry.

Proceedings - which have been interrupted by unexpected depositions and weather - entered their third week on Monday.Stacy Marshall - who shared her apartment with Marshall, Charles Thompson and her daughters Danielle and Devon Polk - said she never heard Justin Marshall leave her apartment before Versypt was shot.

"Before Justin came to you and said someone had been shot, did you ever see Charles, Devon, Danielle or Justin leave your apartment?" Gaul asked her.

Marshall said she never heard anyone leave.

But, during cross-examination, Marshall said she was asleep when her nephew came and told her someone had been shot in the building.

Stacy Marshall also testified she never saw Justin change out of his clothes - as previously testified that he witnessed - but she admitted under cross-examination to not paying close attention to anyone else in her apartment after the shooting occurred.

The state's final three witnesses were two federal inmates who said that Marshall told them details of the crime while they were housed in the Muscatine County Jail together and an Iowa Division of Criminal Investigation firearms expert who was able to match the bullet taken from the scene to the .38 caliber revolver found next to Versypt's body.

One of the inmates, Carl L. Johnson, Jr., said he knew Marshall and Thompson before he was incarcerated on federal cocaine distribution charges in November 2010. After the murder occurred, Marshall told Johnson that Thompson was responsible for the shooting.

But, while the two men were in jail together, Marshall later said he decided to rob Versypt for the money he thought he had from collecting rent. Marshall told Johnson the robbery "went wrong," Johnson testified.

"The landlord got shot," Johnson said.

The second inmate, Antonio Martin, said he and Marshall researched the definition of manslaughter and looked up information on armed robberies. Martin said he was trying to help Marshall get his charge reduced to manslaughter.

Martin testified he told Marshall to write down his story, which Marshall allegedly did on a yellow legal pad. Martin then showed that legal pad - which also included a poem and a rap song Marshall wrote - to Iowa City police investigator Mike Smithey.Marshall's version of the events on Oct. 8 was shown to the jury, but was not read aloud.

Martin testified that Marshall told him he had planned to sell the gun, but when he was leaving the building to make the sale, he was startled by Versypt and accidentally shot him. He then dropped the gun, but then picked up again, wiped the prints off and left the gun at the scene.

During cross-examination of both men Gaul accused the men of fabricating testimony in order to get more time off their federal drug sentences. Then men contended they would have no incentive to lie, as it could negate their plea deal and keep them in prison longer."You can go from (a prison sentence of) 32 years to nothing, can't you?" Gaul asked Martin. "All you have to do is get up here and tell somebody something?"

Attorneys will present their closing arguments on Tuesday and then the case will go to the jury. If convicted, Marshall will face an automatic sentence of life in prison.

ADVERTISEMENT

Most Popular

Most Commented

More Headlines

Most Viewed

ADVERTISEMENT

ADVERTISEMENT

Email this article

Final witnesses called in Marshall trial

The prosecution and defense in the Justin Marshall first-degree murder trial called their final witnesses on Monday, but Marshall was not one of them.Replay: Day nine of the Marshall trial.